Offences—contravene tree protection condition of development approval
109 Offences—contravene tree protection condition of development approval
This section applies if—
the conservator gives advice under section 107 in relation to a development; and
the development has development approval; and
the approval is subject to a condition (a tree protection condition) requiring a person to do or not do something in relation to—
a protected tree; or
the protection zone for a protected tree; or
a declared site.
Example—par (c)—tree protection condition a condition that the applicant comply with tree protection requirements of a tree management plan
A person commits an offence if the person contravenes a tree protection condition of the development approval.
Maximum penalty: 50 penalty units.
Subsection (2) does not apply if the person has a reasonable excuse for contravening the tree protection condition.
The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
A person commits an offence if the person—
is responsible for the development; and
fails to take reasonable steps to tell each person carrying out work on the development site about the tree protection condition.
Maximum penalty: 50 penalty units.
An offence against subsection (2) or (4) is a strict liability offence.
In this section:
responsible—a person is responsible for a development if—
the person conducts a business or undertaking; and
the business or undertaking has management or control of the site where work for the development is being carried out.
Part 7 Enforcement
Division 7.1 Preliminary
This Act’s bill:Explanatory statementSecond reading speech
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